Lawsuits I wish I could bring >> Scuttlebutt Sailing News
Published on November 30, 2021
by John K. Fulweiler, WindCheck
I like depositions and trials. I like the clarity that comes from the pressure. But to spice up questions in the boardroom or rush a witness into the courtroom, you need a trial. We file lawsuits against boaters, merchant seamen, passengers and anyone else injured working on or around the sea… but that doesn’t mean a maritime lawyer can’t dream. Here are some lawsuits that I would like to file if the opportunity arises; I call them “costumes for sailors”.
Blue water ocean carriers always make me think. They will throw containers overboard littering the oceans with dangers (many of these containers float) and yet continue to move towards the port apparently without penalty. Why is this accepted? I would like to file a complaint on behalf of a sailor who hits a floating container. We may be able to sue the ocean carrier, the sender and the receiver because it is time for this behavior to be brought under control. Perhaps, too, I would sue the Ship’s Protection & Indemnity Club (the comfortable insurance co-operative of shipowners to snuggle up in shared liability) under a legal theory that I will keep to myself for the sake of it. moment. And we’re very good at finding a jurisdictional basis to sue in the United States, so I’m sure we would get a claim and maybe alleviate this chaos. I would appreciate the super cargo depot (the representative on board the ship who knows what is being transported and how) because the depositions we take are not linear or pleasant – rather, we take depositions looking for ‘full justice because partial justice is not justice at all.
Then the outboard motors. I once heard a rumor (and it is exactly what it was) that outboard motors are marketed at a rated horsepower which does not match the actual horsepower of the motor. This is complete speculation on my part, and I spit (to QB Aaron Rodgers and his 500 pages of “vaccine research”), but if it turns out to be true, I see the potential for liability. It might not be strict maritime action, but it tastes salty and I’m interested in it. – Full report